News & Analysis as of

Fourteenth Amendment Eighth Amendment

Maynard Nexsen

March 2021 Fourth Circuit Tort & Insurance Cases of Interest

Maynard Nexsen on

Periodically, Nexsen Pruet member Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the areas of tort &...more

Proskauer - Minding Your Business

One to Watch: Constitutional Challenges to NYC’s Price Gouging Rule

On March 18, 2021, retailer Union Square Supply, Inc. filed a civil rights class action lawsuit in the Southern District of New York challenging New York City’s price gouging enforcement practices. The complaint alleges that...more

Hinshaw & Culbertson LLP

Case to Watch: U.S. Supreme Court Decision Provides Florida Homeowner Grounds to Challenge Excessive Fees for Code Violations

Cities and towns have become increasingly aggressive in their efforts to avoid blight resulting from vacant and foreclosed properties and enforce the state and local sanitary codes. At what point does a valid code violation...more

Blank Rome LLP

Timbs v. Indiana: A Modest Victory and a Missed Opportunity

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On February 20, the U.S. Supreme Court handed down its decision on the Eighth Amendment’s excessive fines clause. In Timbs v. Indiana, 2019 DJDAR 1337, Justice Ruth Bader Ginsburg authored a unanimous decision holding that...more

Dorsey & Whitney LLP

The Supreme Court - March 18, 2019

Dorsey & Whitney LLP on

Today, the Supreme Court granted certiorari in four cases: Ramos v. Louisiana, No. 18-5924: Whether the Fourteenth Amendment fully incorporates the Sixth Amendment guarantee of a unanimous verdict....more

Ballard Spahr LLP

SCOTUS ruling that Eighth Amendment’s excessive fines prohibition applies to states could provide new weapon to consumer financial...

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Earlier this week, the U.S. Supreme Court ruled in Timbs v. Indiana that the prohibition on excessive fines in the Eighth Amendment of the U.S. Constitution is incorporated against the States by the Fourteenth Amendment. ...more

Ballard Spahr LLP

SCOTUS ruling on application of Eighth Amendment excessive fines prohibition to states could have implications for consumer...

Ballard Spahr LLP on

Last week, the U.S. Supreme Court heard oral argument in the case of Timbs v. Indiana, which presents the issue of whether the prohibition on excessive fines in the Eighth Amendment of the U.S. Constitution is incorporated...more

Jackson Lewis P.C.

Lawsuit Filed Against California’s Attorney General Alleging The Private Attorney General Act (“PAGA”) Is Unconstitutional

Jackson Lewis P.C. on

On November 28, 2018, the California Business & Industrial Alliance (an association that represents the interests of small and mid-sized businesses in California and which was formed for the specific purpose of accomplishing...more

Dorsey & Whitney LLP

The Supreme Court - February 26, 2018

Dorsey & Whitney LLP on

New Prime Inc. v. Oliveira, No. 17-340: (1) Whether a dispute over applicability of the Federal Arbitration Act’s (“FAA”) Section 1 exemption, which provides that the FAA does not apply “to contracts of employment of seamen,...more

Carlton Fields

A Tale of Two Decertification Motions

Carlton Fields on

The Seventh and Eighth Circuits both addressed motions to decertify classes the week of July 5—with divergent results.  These cases illustrate the deference afforded district courts’ class certification determinations.  Both...more

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